Fahad Ansari v. State Govt. Of NCT Of Delhi And ANR.

$~24 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 22/2024 FAHAD ANSARI .....Petitioner Through:

Ms. Priyanka, Advocate via videoconferencing with petitioner in court. versus STATE GOVT. OF NCT OF DELHI AND ANR.

.....Respondents Through:

Mr. Utkarsh, APP for the State with SI Kavish Rana, P.S.: Laxmi Nagar.

R2 in court.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 01.10.2024 By way of the present petition filed under section 482 of the Code of Criminal Procedure 1973, the petitioner seeks quashing of case FIR No. 367/2020 dated 17.08.2020 registered under sections 356/379 of the Indian Penal Code, 1860 ('IPC') at P.S.: Laxmi Nagar, Delhi.

2.

The petition is premised on a statement made by respondent No. 2 before the learned Additional Sessions Judge, Karkardooma Courts, Delhi, as recorded in order dated 22.09.2020 passed in Bail Application No. 1032/20 titled Fahad Ansari vs. State, whereby the complainant/respondent No.

has said that "...

...

the applicant/accused is the friend of her brother and he has not snatched her mobile phone and she has told the IO that she does not want any further proceedings in the present case ... ...". 3.

The petitioner and respondent No.2 are present in court. Their credentials have been verified and they have also been identified by the Investigating Officer.

CRL.M.C. 22/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/10/2024 at 10:29:42

4.

The court has interacted with respondent No.2, who re-affirms the statement that she made before the learned Sessions Court on 22.09.2020; and confirms that she has no objection to the subject FIR being quashed.

5.

Mr. Utkarsh, learned APP confirms that the State has no objection to the subject FIR being quashed.

6.

In the circumstances, in line with the law laid down by the Supreme Court in Gian Singh vs. State of Punjab & Anr. reported as (2012) 10 SCC 303 as also in Narinder Singh & Ors. vs. State of Punjab & Anr. reported as (2014) 6 SCC 466, this court sees no reason why the subject FIR and all proceedings emanating therefrom should not be quashed. This court is of the view that in light of the statement made by respondent No. 2 before the learned Sessions Court, continuing with the subject FIR and all subsequent proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties.

7.

Accordingly, FIR No. 367/2020 dated 17.08.2020 registered under sections 356/379 IPC at P.S.: Laxmi Nagar, Delhi is quashed. All proceedings arising therefrom also stand closed. 8.

Petition stands disposed-of.

9.

Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J OCTOBER 1, 2024 ds CRL.M.C. 22/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/10/2024 at 10:29:42